Allowed¶43

Sri Asif v. the State of Karnataka

Karnataka HC6 Aug 2025CRL.P/11489/2025

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru) allows compounding under S.528 r/w S.359 BNSS 2023 and quashes FIR Crime No.178/2025 (Soladevanahalli PS; pending before CJM Bengaluru Rural) for offences under Ss.69, 74, 318(4), 115(2), 352, 351(2) BNS 2023, qua petitioner, on amicable settlement with complainant's consent; settlement sum Rs.15,00,000 payable on or before 01.06.2027; CRL.P No.11489 of 2025; Justice Sachin Shankar Magadum; decided 06-08-2025.

What did the court decide?

Compounding of the offences permitted (I.A.No.1/2025 allowed) and the FIR/proceedings in Crime No.178/2025 quashed in so far as they relate to the petitioner, in terms of the settlement recorded. ¶43

Sri Asif Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Compounding of the offences permitted (I.A.No.1/2025 allowed) and the FIR/proceedings in Crime No.178/2025 quashed in so far as they relate to the petitioner, in terms of the settlement recorded.

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Issue for consideration

Whether the FIR and proceedings in Crime No.178/2025 registered by Soladevanahalli Police Station for offences under Sections 69, 74, 318(4), 115(2), 352, 351(2) of BNS, 2023, pending before the CJM, Bengaluru Rural, should be quashed against the petitioner. +1 more

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Court's answer

Consequently the petition is allowed and the proceedings in Crime No.178/2025, for the offences under Sections 69, 74, 318(4), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, are quashed in so far as they relate to the petitioner, in terms of the settlement recorded.

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Ratio / Principle

The Court noted the dispute between the parties is purely commercial in nature and the settlement voluntary, lawful and free from coercion or undue influence; considering the nature of the allegations and the terms of compromise, it was satisfied that continuation of the criminal proceedings would serve no fruitful purpose and that it is a fit case to exercise the power to compound the offences.

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Key takeaways

In light of the amicable settlement, exercising powers under Section 528 read with Section 359 of the BNSS, 2023, the Court allowed the compounding application filed in I.A.No.1/2025.ratio¶39

Detailed headnote1 paragraphs

Criminal Petition No. 11489 of 2025 (High Court of Karnataka at Bengaluru, decided 06.08.2025, Sachin Shankar Magadum, J.): The petitioner/accused sought quashing of the FIR in Crime No.178/2025 registered by Soladevanahalli Police Station for offences punishable under Sections 69, 74, 318(4), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, pending before the CJM, Bengaluru Rural; the petition was filed under Section 528 BNSS (corresponding to Section 482 Cr.P.C.). A joint application under Section 528 read with Section 359 BNSS, supported by a joint affidavit of the accused and the complainant (respondent No.2), sought permission to compound the offences pursuant to a settlement under which the accused agreed to pay Rs.15,00,000/- to the complainant within two years (on or before 01.06.2027). The complainant appeared, confirmed the settlement and raised no objection. Holding the dispute purely commercial and the settlement voluntary, lawful and free from coercion, the Court found continuation of proceedings fruitless, allowed compounding under Section 528 read with Section 359 BNSS, and quashed the proceedings in Crime No.178/2025 in so far as they related to the petitioner.

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NC: 2025:KHC:30659 CRL.P No. 11489 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11489 OF 2025

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BETWEEN:

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SRI. ASIF C/O MAHAMOOD AGED ABOUT 45 YEARS LIG 2-12, KHB COLONY NEAR MAHILA MANDALA KAVOOR, KUNJATHABAIL POST MANGALORE DAKSHINA KANNADA DISTRICT-575 015.

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…PETITIONER

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(BY SRI. HARISH N.R., ADVOCATE)

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AND:

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION

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REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU-560 001.

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SMT. SUHANA C/O ASIF AGED ABOUT 32 YEARS R/O. NO. 17, 2ND FLOOR MUNIRAJU LAYOUT KEREGUDDADAHALLI BENGALURU NORTH

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NC: 2025:KHC:30659 CRL.P No. 11489 of 2025

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HC-KAR

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CHIKKABANAVARA BENGALURU-560 090.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. SHREYAS .N, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S. 482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER BY RESPONDENT NO.1/SOLADEVANAHALLI POLICE STATION, BENGALURU IN CRIME NO.178/2025 FOR THE OFFENCE P/U/S 69, 74, 318(4), 115(2), 352, 351(2) OF BNS, 2023 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE (CJM) BENGALURU RURAL.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The captioned petition is filed by the accused seeking quashing of the proceedings in Crime No.178/2025 registered by the respondent/Police for the offence punishable under Sections 69, 74, 318(4), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the Chief Judicial Magistrate (CJM), Bengaluru Rural.

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3 - NC: 2025:KHC:30659 CRL.P No. 11489 of 2025

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HC-KAR

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An application is filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission to compound the offences in Crime No.178/2025. Along with the application,

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a joint affidavit duly sworn by the petitioner/accused and respondent No.2/complainant has been placed on record.

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In the said application and joint affidavit, it is stated that the parties have amicably resolved their dispute and have entered into a formal settlement agreement. Under the terms of the settlement, the petitioner/accused has agreed to pay a total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to respondent No.2/complainant within a period of two years, i.e., on or before 01.06.2027. The detailed manner and mode of payment are specified in paragraph 2 of the application, which forms part of the record.

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Respondent No.2/complainant, who is present

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before this Court and duly identified by her counsel, has

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NC: 2025:KHC:30659 CRL.P No. 11489 of 2025

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HC-KAR

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confirmed the settlement and expressed that she has no objection to the compounding of the offences and consequent quashing of the proceedings in Crime No.178/2025.

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This Court notes that the dispute between the parties is purely commercial in nature. The settlement arrived at is voluntary, lawful, and free from coercion or undue influence. Considering the nature of the allegations and the terms of compromise, this Court is satisfied that the continuation of criminal proceedings would serve no fruitful purpose and that it is a fit case to exercise the power to compound the offences, thereby bringing the dispute to a close.

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In light of the amicable settlement and in exercise of the powers conferred under Section 528 read with Section 359 of the BNSS, 2023, the application deserves to be allowed. Accordingly, the application filed in I.A.No.1/2025 is allowed.

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NC: 2025:KHC:30659 CRL.P No. 11489 of 2025

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HC-KAR

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Consequently, the petition is allowed and the proceedings in Crime No.178/2025, registered by the respondent Police and now pending on the file of the Chief Judicial Magistrate, Bengaluru Rural, for the offences punishable under Sections 69, 74, 318(4), 115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in so far as they relate to the petitioner, are hereby quashed, in terms of the settlement recorded.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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List No.: 3 Sl No.: 1

Sri Asif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Asif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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